The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018
2018 No. 66
National Health Service
The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018
Made 15th February 2018
Laid before the Scottish Parliament 19th February 2018
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations, in exercise of the powers conferred by sections 9(6), 17A(6), 17K, 17L, 17N, 17O, 28(1), 105(7) and 106(a) of the National Health Service (Scotland) Act 19781and all other powers enabling them to do so.
PART 1
GENERAL
Citation and commencement
1.—(1) These Regulations may be cited as the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018.
(2) Subject to paragraph (3), these Regulations come into force on 1st April 2018.
(3) Paragraph 64(2) of Schedule 6 comes into force on 25th May 2018.
Application
2. These Regulations apply to a contract—
(a) to which the National Health Service (General Medical Services Contracts) (Scotland) Regulations 20042applied immediately before 1st April 2018; or
(b) which is entered into between a contractor and the Health Board on or after 1st April 2018.
Interpretation
3.—(1) In these Regulations—
“the Act” means the National Health Service (Scotland) Act 1978;
“the 1998 Act” means the Data Protection Act 19983;
“the 2004 Act” means the Primary Medical Services (Scotland) Act 20044;
“the 2004 Regulations” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004;
“the 2010 Order” means the Postgraduate Medical Education and Training Order of Council 20105;
“additional services” means one or more of—
(a) cervical screening services;
(b) contraceptive services;
(c) vaccinations and immunisations;
(d) childhood vaccinations and immunisations;
(e) child health surveillance services; and
(f) maternity medical services;
“adjudicator” means the Scottish Ministers or a panel of 3 persons appointed by the Scottish Ministers (as the case may be) under paragraph 91 of schedule 6;
“advanced electronic signature” means an advanced electronic signature within the meaning given in Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23rd July 2014 on electronic identification and trust services for electronic transactions in the internal market6and repealing Directive 1993/93/EC;
“appliance” means an appliance which is included in a list for the time being approved by the Scottish Ministers for the purposes of section 27(1) of the Act7;
“area medical committee” means the committee of that name recognised under section 9 of the Act8(local consultative committees) in the area of the Health Board;
“area pharmaceutical committee” means the committee of that name recognised under section 9 of the Act (local consultative committees) in the area of the Health Board;
“assessment panel” means a committee or subcommittee of a Health Board (“the first Health Board”) (other than the Health Board (“the second Health Board”) which is a party or prospective party to the contract in question) appointed by the first Health Board at the request of the second Health Board to exercise functions under paragraph 2 or 3 of schedule 2 or paragraph 28, 32, or 37 of schedule 6 and which must consist of—
(a) the Chief Executive of the first Health Board or an Executive Director of that Health Board nominated by that Chief Executive;
(b) a person representative of patients in an area other than that of the second Health Board; and
(c) a person representative of the area medical committee which does not represent practitioners in the area of the second Health Board;
“care home service” has the same meaning as in paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 20109;
“CCT” means a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 198310, including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B and schedule 4A of that Act11;
“cervical screening services” means the services described in paragraph 2(2) of schedule 1;
“charity trustee” means one of the persons having the general control and management of the administration of a charity;
“child” means a person who has not attained the age of 16 years;
“child health surveillance services” means the services described in paragraph 6(2) of schedule 1;
“childhood vaccinations and immunisations” means the services described in paragraph 5(2) of schedule 1;
“clinical commissioning group” means a body established under section 14D of the National Health Service Act 200612;
“closed” in relation to the contractor’s list of patients, means closed to applications for inclusion in the list of patients other than from immediate family members of registered patients;
“conditional disqualification” has the same meaning as in section 29C(1) of the Act13and includes a decision under provisions in force in England, Wales or Northern Ireland corresponding (whether or not exactly) to a conditional disqualification;
“contraceptive services” means the services described in paragraph 3(2) of schedule 1;
“contract” means, except where the context otherwise requires, a general medical services contract under section 17J of the Act14(Health Boards’ power to enter into general medical services contracts);
“contractor” means a person with whom a Health Board enters into a contract;
“contractor’s list of patients” means the list prepared and maintained by a Health Board under paragraph 11 of schedule 6;
“core hours” means the period beginning at 0800 hours and ending at 1830 hours on any working day;
“dispensing services” means the provision of drugs, medicines and appliances;
“disqualified” means, unless the context otherwise requires, disqualified by the Tribunal (or a corresponding decision under provisions in force in England, Wales or Northern Ireland corresponding, whether or not exactly, to disqualified), but does not include conditional disqualification, and “disqualification” is to be construed accordingly;
“Drug Tariff” means the statement published under regulation 12 (payments to pharmacy contractors and standards of drugs and appliances) of the Pharmaceutical Regulations;
“electronic communication” has the same meaning as in section 15 of the Electronic Communications Act 200015;
“electronic prescription form” means a prescription form as defined in paragraph (b) of the definition of “prescription form”;
“electronic signature” has the meaning attributed to it in section 7(2)16of the Electronic Communications Act 2000;
“enhanced services” are—
(a) services other than essential services or additional services; or
(b) essential services or additional services or an element of such a service that a contractor agrees under the contract to provide in accordance with specifications set out in a plan, which requires of the contractor an enhanced level of service provision compared to that which it needs generally to provide in relation to that service or element of service;
“ePharmacy service” means the electronic system provided by the Agency by which electronic prescription forms are transmitted;
“essential services” means the services required to be provided in accordance with regulation 18;
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data17, and repealing Directive 95/46/EC;
“general medical practitioner” means, unless the context otherwise requires, a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council;
“global sum” has the meaning given to it in the GMS Statement of Financial Entitlements;
“GMS Statement of Financial Entitlements” means the directions given by the Scottish Ministers under section 17M of the Act18(payments by Health Boards under general medical services contracts);
“GP Registrar” means a medical practitioner who is being trained in general practice by a general medical practitioner who is approved under section 34I19of the Medical Act 1983 for the purpose of providing training under that section, whether as part of training leading to a CCT or otherwise;
“Health and Social Care trust” means a Health and Social Care trust established under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 199120and renamed by section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 200921;
“Health Board” means, unless the context otherwise requires, the Health Board which is a party, or prospective party, to a contract;
“health care professional” has the same meaning as in section 17L(8) of the Act and “health care profession” is to be construed accordingly;
“health service body” means any person or body referred to in section 17A(2) of the Act (NHS contracts)22and includes, except where otherwise expressly provided, any person who is to be regarded as a health service body in accordance with regulation 13;
“immediate family member” means—
(a) a spouse or civil partner;
(b) a person whose relationship with the registered patient has the characteristics of the relationship between spouses or civil partners;
(c) a parent or step-parent;
(d) a son;
(e) a daughter;
(f) a child of whom the registered patient is—
(i) the guardian; or
(ii) the carer duly authorised by the local authority to whose care the child has been committed under the Children (Scotland) Act 199523; or
(g) a grandparent;
“independent nurse prescriber” means a person—
(a) who is either engaged or employed by the contractor, or where the contractor is a partnership, is a partner in that partnership; and
(b) who is registered in the Nursing and Midwifery Register; and
(c)...
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